Fundamental Rights, Fundamental Duties and Directive Principles of State Policy — Social Science STD 9 — Question
Gujarat BoardEnglish MediumSTD 9Social ScienceFundamental Rights, Fundamental Duties and Directive Principles of State Policy3 Marks
Question
Write short note : Right to Constitutional Remedies
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Answer
The rights of the citizens are meaningless unless these are adequately protected and an institutional device is provided to protect these rights. This purpose is served by making the Right to Constitutional Remedies a Fundamental Right. According to Dr Babasaheb Ambedkar The provisions relating to the constitutional remedies is the soul of the constitution.
As and when violation of a Fundamental Right takes place, the citizens can approach the Supreme Court and the High Courts.
The Constitution has vested ‘Writ Jurisdiction in these courts whereby they can issue the appropriate writs. Habeas Corpus, Mandamus Certiorari, Quo Warranto and Prohibition are these writs.
The Supreme Court and/or the High Court examine the case and on their merit issue suitable orders to the state government.
Thereby the judiciary performs the role of the guardian and protector of the Fundamental Rights of the citizens.
However, when the National Emergency is proclaimed by the President of India, the Right to Constitutional Remedies is automatically suspended.
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